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26 February 2004

China enacts new regulations on customs protection of IP rights

China's new Regulations on Customs Protection of Intellectual Property Rights, which enable customs to detain and confiscate goods infringing IP rights, will come into force on March 1 to replace the 1995 regulations.

20 February 2004

Anti-counterfeiting taskforce launches campaign

An anti-counterfeiting taskforce of the Ministry of Domestic Trade and Consumer Affairs has invited IP rights owners to meet the minister at the end of this month to kick start its 2004 campaign. The second part of the campaign will consist of compiling a database of the most commonly counterfeited trademarks and details of their owners' legal representatives.

02 February 2004

ITC trounces WILLS SPORTS counterfeiters

In ITC Ltd v Sodhi Garments, the Delhi High Court has issued a search and seizure order against a number of defendants based outside the State of Delhi. The court held that it had jurisdiction to issue the order on the basis of Section 134 of the newly amended Trademarks Act, whereby a suit can be brought in the court where the plaintiff has its place of business.

02 December 2003

Good-faith use of mark must include special language, rules court

In Nokia Corporation v Mai, the Federal Court of Australia has issued a summary judgment against the defendant, a seller of counterfeit accessories for Nokia mobile phones. The court found that a good-faith use of the NOKIA mark would have included special, non-ambiguous language, such as 'suitable for use with'.

24 November 2003

Trademark search report needed to obtain drug manufacturing licences

In a move to curb the manufacture and sale of counterfeit drugs, the Drugs Control Department of the National Territory of Delhi has announced that it will no longer approve drug manufacturing licences under a particular mark without the backing of a search report on that mark from the registrar of trademarks.

10 October 2003

PLAYSTATION counterfeiters hit with heavy fines

In Sony Computer Entertainment Australia Pty Ltd v Nguyen, the Federal Court of Australia has issued an order restraining the defendants from infringing the plaintiff's registered trademarks, and from engaging in misleading and deceptive conduct. It also ordered the defendants to pay in the region of A$760,000 in damages and costs.

29 September 2003

New border control initiatives implemented in Thailand

A new division within the Royal Thai Customs has been created. It is hoped that the new body, known as the Investigation and Suppression of Intellectual Property Violations Division, will further help to stem the trade in counterfeit goods. The creation of this new division is part of a move to improve border and customs controls in Thailand.

23 July 2003

Louis Vuitton involved in landmark online counterfeiting case

A case that is scheduled to reach the courts soon is expected to be groundbreaking as it will be the first time Malaysia's Trademark Law will be used against an online counterfeiter. The alleged counterfeiter's house was raided as a result of a tip-off by Louis Vuitton, which routinely conducts internet searches for the sale of fake merchandise.

11 July 2003

Thai IP court gets tough on infringers

Two decisions issued by the Thai Intellectual Property and International Trade Court seem to signal a new regime of harsher punishment for convicted counterfeiters. The court has been the target of criticism, particularly from foreign commentators, suggesting that the sentences imposed on offenders have been too lenient and have done little to curb counterfeiting in Thailand.

08 July 2003

Law enforcement agencies shatter fake Swarovski cartel

The Russian law enforcement agencies have raided a chandelier plant, terminating the production of counterfeit Swarovski products. The plant was being run by an underground cartel that employed about 40 workers who made chandeliers with poor-quality metal and Turkish crystals, and then branded them with the famous SWAROVSKI trademark.

08 April 2003

Sony awarded injunction in summary judgment

In Sony Computer Entertainment Inc v Lee, the High Court of Kuala Lumpur has issued, as part of a summary judgment against the defendant, a permanent injunction preventing him from further infringing the plaintiff's trademark. In granting the injunction, the court held that the fact that the defendant had already ceased the infringing activity was irrelevant.

20 March 2003

'Original label' aims to protect CDs from pirates and counterfeiters

The Trade Descriptions (Original Label) Order 2002 has come into force. It requires that original copyrighted and trademarked products bear an 'original' label and aims to protect the makers of compact disks, video cassettes and similar goods from pirates and counterfeiters.

27 February 2003

Unjustified seizure results in damages award

The Court of Appeal has ruled for the first time that a producer of goods seized under suspicion of being counterfeits is entitled to damages if it is able to prove that the trade description order, issued pursuant to Section 16 of the Malaysian Trade Descriptions Act, was unjustified.

07 February 2003

Trademark Law amended to prevent piracy

Changes to the Russian Trademark Law have come into force. The amendments - which bring Russia one step closer to WTO membership - draw a clear line between genuine and counterfeit goods, and toughen the penalties for counterfeiting.

09 December 2002

Matsushita wages war on its shadow

The owner of the PANASONIC trademark has launched an extensive anti-counterfeiting campaign involving numerous raids against 15 parties in the PRC. A 'shadow' company, incorporated in Hong Kong, had adopted the famous mark as part of its company name and then began manufacturing and selling infringing goods.